The law on preventing sexual harassment in the workplace will change on 26 October 2024. The Worker Protection (Amendment of Equality Act 2010) Act 2023 will come into force and introduce an obligation on employers to take reasonable steps to protect their workers from sexual harassment.
If an employer breaches the preventative duty, the Equality and Human Rights Commission (EHRC) will have the power to take enforcement action and employment tribunals will have the power to increase compensation for sexual harassment by up to 25%.
The EHRC is consulting on changes to its technical guidance on sexual harassment and harassment at work that cover the new preventative duty. Whilst there is no direct legal protection for employees against harassment by third parties, the guidance indicates that the new duty will require employers to take reasonable steps to prevent sexual harassment by both their own workers and third parties.
Based on the existing guidance, which is unlikely to be changed radically, the following measures are likely to be required:
- Have a clear and regularly updated policy that deals with sexual harassment.
- Train staff (mandatory) on:
- what amounts to sexual harassment,
- the standards of behaviour expected at work, and
- how to raise a complaint, and
- additional training for managers on handling sexual harassment complaints.
- A management-supported zero-tolerance workplace culture in relation to sexual harassment.
- Conduct risk assessments
- Take steps to minimise and manage any identified risks, including in relation to third-party harassment risk
- Encourage sexual harassment reporting by:
- providing different methods,
- Having a clear process to make and investigate complaints, and
- appropriate support to those who raise complaints.
- Conduct staff surveys to ascertain the extent of any problem or potential risk of sexual harassment, internally and with third parties employees come into contact with.
- Take effective measures to help minimise the risk of sexual harassment by third parties.
- Monitor the progress of all sexual harassment complaints to ensure that:
- they are properly investigated and resolved,
- repeat offenders are dealt with appropriately,
- particular risk areas are identified, and
- effective measures are implemented to minimise those risks.
- Monitor the progress of employees who make complaints or are witnesses to sexual harassment to ensure that no victimisation takes place.
- Have workplace champions -support/advise those who experience or witness sexual harassment.
- Monitor the effectiveness of the efforts being made to prevent sexual harassment.
Most employers will need to take steps to safeguard their employees and reduce their exposure to legal risk. If you need assistance in deciding what steps to take then call Dan on 02020 020402 or email him on dan.jones@dhjlegal.com
